HB59 Alabama 2018 Session

Under existing law, certain periods of incarceration are required for persons convicted of first, second, or third degree domestic violence

This bill would double the incarceration periods for convictions of first or second degree domestic violence if the offenses were committed with knowledge of the presence of a child under the age of 14 years at the time of the offense, if the victim was the parent or legal guardian of the child

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Sections 13A-6-130 and 13A-6-131, Code of Alabama 1975, to provide increased incarceration periods and enhanced penalties for convictions of domestic violence in the first and second degree; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.